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FloridaMan03

Temporary visit to America with Pending I-130

By FloridaMan03 in Working & Traveling During US Immigration

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FloridaMan03 Newbie

FloridaMan03   0

Posted
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Posted

Hello,

 

My wife (British with pending I-130), son (US/UK Citizen), and I (US Citizen) live in the United Kingdom. We are planning to visit the United States for 82 days this summer and return to Britain after. My wife will be travelling on an ESTA. 

 

I recently found out that this can be quite risky, because with a pending I-130 the CBP officers assume immigrant intent. I thought to myself that we have a pretty clear cut case since we have strong ties to England including: both of us being university students in England, having a tenancy in England with both of our names on it, and also medical appointments in England scheduled after our visit concludes.

 

I've read that this can be quite risky and chances a withdrawal of application or expedited removal with a 5 year ban on reentry. We fully intend on a temporary visit and have plenty of evidence to support it, but I am thinking about cancelling the trip to avoid this risk.

 

I was wondering if anybody here has been through the same situation, and how recent it was? How was your experience? Should I cancel the trip?

We have a consultation with a lawyer in a few days but I wanted to hear some personal stories.

 

Thank you!

Crazy Cat Grand Master

Crazy Cat   46,601

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
21 minutes ago, FloridaMan03 said:

but I am thinking about cancelling the trip to avoid this risk.

This is an extremely common question spanning years and years here. From what you posted, I would not cancel.  Any "risk" would be extremely low.   Expedited removal would be even more unlikely.  Visa Journey has many of people who visited during the process. Just answer all questions honestly, if asked.   I would bring some proof of ties.

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   46,601

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

A search here on VJ will reveal a lot of threads regarding this subject which should calm any fears.....Good luck...smooth travels....enjoy your stay in the US.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

wildbug100420 Collaborator

wildbug100420   461

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted
7 hours ago, FloridaMan03 said:

Hello,

 

My wife (British with pending I-130), son (US/UK Citizen), and I (US Citizen) live in the United Kingdom. We are planning to visit the United States for 82 days this summer and return to Britain after. My wife will be travelling on an ESTA. 

 

I recently found out that this can be quite risky, because with a pending I-130 the CBP officers assume immigrant intent. I thought to myself that we have a pretty clear cut case since we have strong ties to England including: both of us being university students in England, having a tenancy in England with both of our names on it, and also medical appointments in England scheduled after our visit concludes.

 

I've read that this can be quite risky and chances a withdrawal of application or expedited removal with a 5 year ban on reentry. We fully intend on a temporary visit and have plenty of evidence to support it, but I am thinking about cancelling the trip to avoid this risk.

 

I was wondering if anybody here has been through the same situation, and how recent it was? How was your experience? Should I cancel the trip?

We have a consultation with a lawyer in a few days but I wanted to hear some personal stories.

 

Thank you!

Answer all questions truthfully. Each entry is at the discretion of cbp. Sorry no personal experience. 

TBoneTX Grand Master

TBoneTX   49,762

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

I concur with the above answers.

Welcome to the forum!

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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